How do juries determine product liability claims?
In North Carolina, juries determine product liability claims by determining who was responsible for the product’s design, manufacture, or sale and whether the product was defective. The jury must decide if the manufacturer, distributor, or retailer is liable for any injuries or property damage caused by the product. The jury will consider a variety of factors when determining product liability, such as evidence of negligence, the product’s design and manufacturing, the manufacturer’s warnings and instructions, the product’s intended use, and prior similar products. The jury must decide if the product was defectively manufactured, if the manufacturer had a duty to warn consumers of potential hazards of using or misusing the product, or if the product was misrepresented or failed to perform as advertised. When making their decision, the jury may consider expert testimony or witnesses, the amount of damages, the seriousness of the injury, and other associated factors. In cases where a jury finds the defendant liable, they must decide how much money should be awarded to the plaintiff, if any. If the jury finds that the plaintiff is entitled to no compensation, the case is dismissed.
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